I was always led to believe that the physical records, (folders, paper etc)
were the property of the employer. However, the information contained
within the file was the property of the individual employee it related to.
Therefore, in times like this the records should be secured, and the only
set of keys given to another health care professional for safe keeping. It
used to be that the keys could be sent to EMAS/HSE.
Questions the situation raises are (1) are the receivers themselves
required to keep the statutory health records for the appropriate period of
time (as in COSHH), or are they required to facilitate secure archiving with
an appropriate health care provider. (2) is the manager who has access to
these records falling foul of relevent legislation (Access to Medical
Reports Act, Data Protection Act etc), and as such could be prosecuted by
the individuals the records relate to?
Bob
----- Original Message -----
From: "Hawkes, Lynda" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, September 03, 2003 11:44 AM
Subject: Re: Occupational Health records
> We have the facility to store them ourselves - our problem is that the
> receivers will not let us have them at present!
> Lynda
>
> -----Original Message-----
> From: Christine Leek [mailto:[log in to unmask]]
> Sent: Wednesday, September 03, 2003 11:30 AM
> To: [log in to unmask]
> Subject: Re: Occupational Health records
>
>
> You could send each medical file to each persons Gp as they really belong
to
> the patient, other than that unless there is a sister company that you
could
> send all files to under a another Nurse. these files could get lost or
miss
> used
> hope this helps
> Chris Leek
> -----Original Message-----
> From: Hawkes, Lynda [mailto:[log in to unmask]]
> Sent: 03 September 2003 09:34
> To: [log in to unmask]
> Subject: Occupational Health records
>
>
> I would appreciate comments/advice on the following scenario please:
>
> I work for an OH Consultancy and I have been looking after an engineering
> company which has just gone into receivership. I went in to collect
> personal possessions and the medical records and was told by the Health &
> Safety Manager that he had removed the medical records from my locked
filing
> cabinet and had put them in his office. He insisted that they were his
> property and I had no right to them. He had secretly held a key to the
> cabinet for the last 2 years.
> I spoke to the receivers who are not happy to give me the records until
they
> have spoken to their legal department but, thankfully after much
insistence
> on my part, the records have been moved from the Health & Safety office
into
> the area controlled by the receivers. I do suspect, however, that the H&S
> Manager has access to ALL areas of the site and could still access the
> records if he wished. He is also the Premises Manager by the way.
> My Manager, who has been brilliant, has informed the HSE and I have spoken
> to the legal bods at IOSH (the RCN and NMC were not helpful - the NMC
merely
> told me to contact RCN). My Manager is hoping to speak to Carol Bannister
> today as she has been out of the office at the beginning of the week.
> Needless to say, this has caused me much concern, having spent the last 2
> years assuring the employees that their records are confidential. Even
if,
> as thought by IOSH legal bods, I will not be held responsible because the
> records were in fact stolen, I still feel that I have let those employees
> down.
>
> Has anyone out there dealt with receivership cases etc and does anyone
have
> any advice or ideas??
>
> Lynda Hawkes
>
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